CO129-287 - Public Offices & Others - 1898_Part_005

My Lord:- Referring to my despatch No.130 of June 23rd to Your Lordship, I have the honour to enclose copy of a letter which has been addressed to me by Sir Robert Hart on the assistance required from the Hongkong Government by the Chinese Customs Authorities. A copy of this letter is being sent to the Hongkong Government. In accordance with Your Lordship's tele- graphic instructions of June 23rd, I have instructed Her Majesty's Consul at Canton to give the Hongkong Authorities every assistance in the directions indi- cated by Your Lordship. I have &c., (Signed) The Marquess of Salisbury. K.G., &c., &c., &c., Claude M. MacDonald. Oching 13 INSPECTORATE GENERAL OF CUSTOMS, 27th June, 1898. I have the honour to acknowledge receipt of Your Excellency's despatch of 24th June informing me that you have received a communication from Her Majesty's Secretary of State for Foreign Affairs asking you, in view of the recent leasing to Great Britain of part of Kowloon Peninsula and the adjacent islands, what arrangements the Imperial Maritime Customs of China would propose and where stations would be placed and in reply to state in the follow- ing numbered paragraphs what, in my opinion, will be necessary in and around Hong Kong and its new territory to safe-guard the revenue interests of China a task which will be made in consequence of the in- creased area to be looked after, both onerous and expensive. The proposals are made in the belief Sir C.M.MacDonald, K.C.B., K.C.M.G., that Her Majesty's Government desire to give China liberal and sustained support in the protection of her revenue in that neighbourhood:- (I) The right of the Chinese Customs to maintain its office in Hong Kong, where it is now only unofficially acknowledged ought to be formally admitted and the status of the Commissioner of Customs as a Chinese official recognized. The existing substations at Changchow, Capsuimoon, Lai-chee-Rok, and Fotochow ought to be maintained as at present although they are in the based territory. If it should be found that other stations are required they may be instituted. (II) The Chinese Customs at Hong Kong shall have the right there to collect duty and likin on any opium and similarly dues and duties on general cargo shipped on any native vessel to or from China. The Customs ought also to have the right to one or more special jetties in proximity to junk anchorages at which cargo may be examined and verified. (III) The Chinese Customs cruisers and launches may continue to exercise their functions within the waters of the leased territory. (IV) No opium raw or boiled shall be landed or stored, taken delivery of or shipped in Hong Kong, British Kowloon, or any of the leased territory with- out a permit to be issued by a Colonial Authority. Opium moved without permit or found anywhere or in any quantity in contravention of Colonial Ordinance shall be confiscated. (V) The Opium Farm i.e. an official establish- ment with an exclusive right to retail (only boiled) ppium shall be maintained and the Ordinances Nos. 22 of 1887 and 21 of 1891, concerning opium movement shall be confirmed and amended to meet new circumstances and to make good those points on which they are insufficient. The boiling establishments of the Farm, its retailing shops and its books and accounts shall be open at any time to the inspection of an officer of verified. the Chinese Customs specially deputed for that purpose. (VI) All Ordinances regarding the possession, movement, preparation or sale of opium in the should be done at Hong Kong to meet Chinese revenue requirements. I may however express the opinion that Colony and its waters, afloat and ashore shall be rigidly enforced by the Colonial executive and its officers rewarded from proceeds of seizures with a view to encouraging zeal. All proceeds of sale of confiscated goods shall be divided equally between the Chinese and Colonial Governments. (VII) No arms, munitions of war or contra- band goods may be shipped on any vessel proceeding to a Chinese port, in Hong Kong or its waters without a permit issued or countersigned by the Chinese Customs. (VIII) The Hong Kong Government shall pass such legislation as may be necessary to give effect to the above provisions. The above numbered paragraphs are put forward merely to represent what I consider it proper the system it provides for, and more especially the recognised presence of a fully authorized Chinese Customs at Hong Kong, gives promise of enabling measures to be taken which will make the working of the West River trade, especially at those places of call to seawards of the first port (Samshui) consider- ably easier than at present; also, of securing arrangements which might facilitate the trade anticipated to grow up under the new inland steam navigation rules. In both respects anything which may be possible and without a Custom House I do not see that much will be possible is sure to redound to the commercial advantage of the Colony as well as of On this point however the occasion does not call upon me to say more at the Chinese trade. present. I have, &c., Robert Hart. Inspector General of Customs. The Anda Sofflate This canton 27 auth Mr. Cox. Mr. Lucas. Mr. Graham. Mr. Wingfield. Earl of Selborne. Mr. Chamberlain. COLONIAL 29 and 1 Jam disse g своивской hotg: Chamberlan to ask: the recuping from latter of the Q3 2 X 24th with exclosing copies of despatches Please wake evelomar, Pekin respecting austavine required Gtter Chinese Customs austinite poma the Love story kong. I appears 12 8/98 401725501955. Chamberlain and 19209 that the proposals of Seni Robert Haph, is arbodied his letter of 27th June, are open to considerable exception as they stand, are in all pedalitiety they will require in certain points be te mundefine Before however exposing ay defuite quinon on the mulgien, Chamberlain purposes reture of hot. Lockhart, Who wegbe expected in this country the 8th Felder, chose repor on cảnh thi Contay wab counted upon as likely to afford considerable afpectance in the wattu. ce or Individual. Nory Mong No. 19286 DOMESTIC. 327 19205 SEC 27 AUG 03 t previous Paper, (Subject.) Hong Kong Manila Zel. Cable has been repaired and petraffic reopened j▲ L (78)--399-29000-13-07 50-10000 5.62 subsequent Paper. (Minutes.) Sew. Hamilton Admiralty tc. have been I take it that the informed I the ? Put by AF. 278 F.B. The Telegraph Co. Foreign Office, August 24 Laser 27 AUG 13 Extension Sel for August 22. 1898. I am directed by the Secretary of State for Foreign Affairs to transmit to you, to be laid before Mr. Secretary Chamberlaine for his information, a copy of letter from the Easter Extension Australasia and tima Telegraph Company taking that The Hongkong - Manila fable has been repaired and be opened for traffic, for trafic, tus bectoring Arrect helegraphic Communication with Manica & the heat The Island of Luzon. Your most obedient, humble Servant, F. H. Velude Undas Secretary of Colonial Ofice REGS 27 AUG 09 THE EASTERN EXTENSION AUSTRALASIA AND TELEGRAPH COMPANY, LIMITED, WINCHESTER HOUSE, 50, OLD BROAD STREET, LONDON, E. C 22nd August, 1898. Honourable Adverting to my letter of the 19th instant I now have the honour to inform you that the Hong Kong Manila Cable has been repaired and reopened for Traffic, thus restoring direct telegraphic communi cation with Manila and the rest of the Island of I expect to learn very shortly of the restora- tion of direct communication with the Islands of Panay, Negros and Cebu, when I will advise you of the same. I have, &c., (Signed) Francis H. Villiers, C.B., F. E. Hesse. Manager. fice or Individual. Hone Mong DOMESTIC. st previous Paper. (Subject.) SEG 26 AUG 10 Belgian Resticetimi Gavest Bengal Schina & Formosa Luds deve from Bracels | 'li & L. (18)—359——! @x0. 12 67 5490-10000-5-08 subsequent Paper (Minutes.) General Department. copy of the (Belgian) "royal decree of April 5,189) " alluded to? A.F. 29/8 Mr.Fiddian herewith. Acopy is accached to F.O. 9915.97 Suiw. Hamilton I suppose. Ceneral. This does not affly to Hay ? Put by. At once. A.F.29/8 Foreign Office, SEGE O AUD 20 August 2.5.1898. Ir die 7. Plunkett I am directed by the Secretary of State for Foreign Affairs to transmit to you, to be laid before the Secretary of State for the Colonies, the accompanying ordining Sanitary observation frasels aniving in Belgian Ports from Bengal and Southern Churia. The Under-Secretary of State, Colonial Office. Your most obedient, humble Servant, F. H. Villiers. Moniteur Belge 20 cont 1898 33219 3/4 SECE OR AUG 93, MINISTÈRE DE L'AGRICULTURE ET DES TRAVAUX PUBLICS. SERVICE DE SANTÉ, HYGIÈNE PUBLIQUE ET VOIRIE COMMUNALE. Mesures aux frontières de mer. Le Ministre de l'agriculture et des travaux publics, Vu l'arrêté royal du 5 avril 1897, prescrivant des mesures sanitaires relativement à l'importation et au transit des marchandises provenant de pays ou de clrcouscriptions territoriales déclarés contaminés de peste; Vu spécialement les articles 5 et 6 de cet arrêté chargeant le Ministre de l'agriculture et des travaux publics de désigner les pays ou parties de pays à l'égard desquels le régime prévu par les articles 1er à 4 du dit arrêté sera rendu applicable et de régler les mesures à prendre dans les ports à l'égard des navires considérés comme infectés, suspects ou indemnes, au point de vue de la visite médicale, de l'isolement et de la désinfection; Revu l'arrêté ministériel du 3 janvier 1898; Vu l'avis de la commission sanitaire de l'Escaut, Art. 1. Les dispositions qui font l'objet des articles 4 à 4 de l'ar- rêté royal du 5 avril 1897, susvisé, sont rendus applicables aux prove- nances de la province du Bengale, de la partie de l'empire chinois, située au sud du 30 degré de latitude et de l'ile de Formose. Gezien h voorschrijv stig van lai Gezien i van Landb van landen van gezegd in de have schadeloos dering en Gezien i van voorm de herkom zerrijk Chi eiland For AM. 9. static der worpen wo van het alge conventie ▼ Bruxelles, le 16 août 1898. Brussel, LEON DE BRUYN. Art. 2. Ces provenances, arrivant par voie de mer, seront soumises à la station sanitaire de l'Escaut et dans les ports d'Ostende et de Nieuport, au régime stipulé par les chapitres II, III et IV du règlement sanitaire général annexé à la Convention sanitaire internationale de Venise, en date du 19 mars 1897. Juctor. Dupl. Six F Blankett's August 20th 198. No 182. Comme ce or Individual. previous Paper. Trong trong (Subject.) DOMESTIC. REG 30 AUG 38, Restoration Manila - Capiz sends copy lo from Eastin Tel Co notifying. 78)-399-19000-12-07 6400-30000-5-39 subsequent Paper. (Minutes.) Siw. Hamilton See 19286. 7. Put le A. F. 31/8 2.0 334 19440 REG 30 AUG 03 Foreign Office, Mignot 27, 1898. With reference my letter the 24th Sholand, I am directed by the Secretary of State for Foreign hr Secretary Affairs to transmit to you, to be laid before hamberlain a copy of a letter from the lackern. Extension Instalasia Mhina Telegrare endang hotifying the bestoration of the Manila- -Saping fath. – Under Secretary of Colonial Office. Your most obedient, humble Servant, F. A. Gruver. REG 30 AUG 03 WINCHESTER HOUSE, 50, OLD BROAD STREET, LONDON, E.C. 25th. August 1898. I now have the nonour to inform you that the Manila-Capiz Cable has been repaired and re-opened for Traffic, thus restoring direct communication with the Islands of Fanay, Negros and Cebu. (signed) W.R. Tyne. Assistant Secretary, Honourable Francis H. Villiers, C.R. Foreign Office, S.W. DOMESTIC. HongKong 2 0 0 2 2 REG 5 SEP 23 fice or Individual) (Subject.) from Manila previons Paper. Pagmasterfuel has been wat's topay 2.3.4 tot Aguts. Ashes for bom paurs recups. 16 Sept. ; & 1; (78) ~980–16900-52-47 559--10--99 subsequent Paper. Mr. Escott. (Minutes.) Send too. A.G. for question. (It is wanted in the recupt in question. ( order to satisfy the Audit office.) Crown Agents to Crown Aponte Please see. this paper. Foreign Office, September 3 \REG 5 2 38 In reply to your Letter of the 26th ultime, 18920198 I am directed by the Secretary of State to acquaint you, for the information of We Secretary Chamberlain that instructions have been given to the Paymaster-General for the Transfer to the Credit of to lonies of the Sum of £2. 3. HE the cost of a telegram received from manila through the government of Hongkong on this offer. connected with I am to request that the receipt. of the Telegraph Co. for the sum of $23.65 may be furnished. The Under Secretary of State Colonal Office. Your most obedient, humble Servant, G. E. Dallas Hang Kang No. 237 The O.A.C. Kone 338 16 Seft. 98 Mr. Fiddian Mr. Escott. Mr. Cox. Mr. Lucas. 5 Mr. Graham. Mr. Windfield. Earl of Selborne. Mr. Chamberlain. Gemon Agents to this fafer. I have the honour tracknowledge the receipt of your despatch N.. 200 of the 21stf July last, and tomiform that the secretary of state for Foreign Affairs has geen instructions for the sum £2.3.ld. tobe refunde the Crown Agents for the Colame's ui refayment of the expense nicured I the Sammentry Hoy Hay for a telegram to this canty relating the British barque "Gemista." request that the Telegrafl reift of the templ Company for this sum exfandt may be founded to the effia for transmission of the Freign offices, the tele louin your des paten No. 16 of the 9th of Shav, et.. ice or Individual. st previous Paper. Telegram for cont shorts 207 33&1 (78)—292—115000-12-07 5500-3000-5-AS subsequent Paper. DOMESTIC, Hore hong No 20163 (Subject.) [Rec 6 SEP 8 Philippine Insurrection Spanish Amb. repperts tel insting to for to prevent putting out of too ships reported to be preparing of disurgents Sie munistes (Minutes.) an 20169. 341 SEP JO Foreign Office September 3 directed by Mr. Balfour to acquaint you, for the infor Chamberlain, that the Spanish Ambassador called this Mr. Secretary afternoon to that the insurgents the Philippines had purchased at Hong Kong and had armed there two vessels for the purpose of attacking ravaging the islands still under control. These vessels The Under Secretary of State, Colonial Office Hongkong, and bount about to leave Hongkong, de Rascon urged most earnestly that the Gover should be instructed by telegraph to stop them I am to request that, if Mr. Chamberlain telegram should be sent to the Governor of Hong Kong instructing him to inquire into the matter and to take such steps as be necess recessary to prevent Enlistment Act of 1870 any infringement of 11 of the Foreign Your most obedient humble servant Martin Gopelice DRAFT. Tel. 20163 Akong Pre 6 SEP sent. 8.10.4 Hay Kong 3r. Fiddian 3/9 Suw. Hamilton 3 Mr. Cox. Mr. Lucas. Mr. Grafam. Mr. Wingfield, Earl of Selborne. Mr. Chamberlain. The 7.0. have forsire the thawish airbagdon that a telegrain shell in sewn of this effect, will write us a officiel letter. recitals 5. panish Ambassador regretting states that insurgents mordering Philififine Islands have funchased and armed your Gouty. outburathe two vessels for purpose of autopsy attack whom Concluding under control of reciteriez anemasia Spanish Gorty, and that abetting are about to sail. Sennadose This must bestoffed. fuerented DOMESTIC. Office or Individual. ast previous Paper. Hone Mong No. 20221 (Subject.) Philippine Insurrection Further note furn Spanish Embassy resp sailing of two vessels funtt hang Copy to For Hongkong 236 209) 16 Sept. Mr. Lucas. (Minutes.) If this note is the orignial of the Spanish Ambassador's verbal communication to the.F.O.on Sept. 3, there is The vessels in question mesin derstanding. me here stated as sailed, not as about to sail haring It is of absolutely ・afte CPK 2 & 75-10-1909-12-07 5420-100n8-5-48 art subsequent Paper. Straated I suppose, infortance tous what action, the spanish authorities will take with regard to them - subfosing them to have actual existence, which is highly dort lifur. and of 201627 Put by. Way of the t Hougton Forums) == A. F 20189 ar CPL conce Foreign Office September 6 1898. with reference to the letter from this office of the 3rd instant, I am directed by the Marquess of Salisbury to transmit, herewith, for the infor Secretary Chamberlain, copy of a munication from the Spanish Ambassador at this Court respecting certain alleged operations against Spanish possessions by deurgents trong hang the leader Secretary of State Colonial Office I am to add that Count de Rascon has been informed of the contents of the telegram from the Governor of Hong kong, a copy of which accompared this day's Your most obedient humble servant, Martin Gofeties ranslation My hard, Per 7 SEP 3 Spanish Embassy London Sept. 1+ The Governor General of informed Philippine blands has Government that, after the armistice, of the ar ter the publication the insurgent Tagalos and equipped for Hong hong two ships and proceeded to the Visayas flying and intending unknown flag attack Spanish territories My Government has instructed me to inform your Excellency of these proceedings s and to state in it's that it will treat the crews the ships in question as pirates, and will appreciate any Sales-bury Manquess of Sales. assistance Hous Kons iSkaits fill minty. that may woor k recessary countries, of seeing fforded to it to the police a t civilised The O. A. S. Hong Kong. the sea. Ihn O. a. s. Sharks Settlements avail etc. (4) Rascon 16 September 1898 Mr. Eventh 7. 9. 98. Mr. Cox. 7 Mr. Lucas. Mr. Graham, Mr. Wingfield. Earl of Selborne. Mr. Chamberlain. refermen Straits 25631 Phương trong 2 Gefo thepam f 3.9.45. (20162) 6. 9. 20 you reply of We Ihan the huntin ا نصر الله you inferma. the trees opci sulyet f from Hong operationis Janvit pession the Philippines. Evy effect infringe in maie s you Freejen Rulantiunt Auct of 1870. or any other breach of the law for Individual. trong trong (Subject.) DOMESTIC. REP İbent 12 SEP 8. revious Paper. $98 sec. hew Territory. Sends print gletter from It Khery resp affaries in China in Kwanzai Province. unclending rebellion Gov. mifu. 17 Feb. Mr. Lucas (Minutes.) The chief point to note here is the suggestion territory. to policing the new M. Long's Moposal is military, Chinese police, which the nucleus of a regular British - Chinese force. The question of policing up finifially have come all that was said 13111; and botice magistrate having juris diction over Lautan island ought to be afferited. ch. Lockhart ischarged to report The question of policing limitory. 178)-580-10000-12-27 B$50~}Œ©NKX5-DS bsequent Paper. The suggestion seems a good but its consideration host honed until ath. Lockhart and both athand. A. F. 1419. ? Send copy of this, L. 7. 0. a. s. stony Kony. 14.9.98. d'irst Let Capt. Nathan see riential. Pe 12 SEP 3 For E. Wingfield, This paper together we sharin 16098 Secret and Eur. report in 23608 were considered the Romal Defence Committee be their meeting of December 2007899 & Jaumen & co près other memorandu No. 172 h. on the subject for com- musication, is approved, as follows- Adm - UI for haval (ul. & 1 for hard fficer in charge). The Under-Secretary of State for Foreign Affairs presents his compliments to the Under-Secretary of State for the Colonies and is directed by the Secretary of State for Foreign Affairs to transmit, to be laid before the Secretary of State for the Colonies, a further section of confidential China correspondence, as marked in the margin. st 2 3 (2) Heft Deft Foreign Office, September 10, 1898 stay dine klein in with our vituo sedelayed as Militoy future: 10.0 radi primarency. Lend apei"> 15 the Gunding ELD 25 Jacke [This Document is the Property of Her Britannic Majesty's Government.] AFFAIRS OF CHINA. CONFIDENTIAL. [August 23,] SECTION 22 JEP J8] Intelligence Division to Foreign Office.-(Received August 23.) THE Director of Military Intelligence presents his compliments to the Under- Secretary of State for Foreign Affairs, and begs to forward, with the request that it may be returned when done with, some correspondence respecting the present rebellion in Southern China. 18, Queen Anne's Gate, London, August 23, 1898. Inclosure 1 in No. 1. Dear Colonel McSwiney, Mr. Long to Colonel McSwiney. I INCLOSE herewith a copy of a Report from the Officer Commanding Her Hong Kong, July 20, 1898. Majesty's ship "Tweed" at Wuchow to the Commodore in charge here, which the latter very kindly gave me. I dare say that in due course it would reach you from the Admiralty Intelligence, but it saves time by my sending it on to you direct, and, also, that I think it desirable to draw particular attention to this so-called rebellion. The general impression here by all those in a good position to judge, such as Bell- Irving, the head of Jardine, Matheson, and Co., &c., is that the French are at the back of this rebellion; that they bave practically created it. or stirred it up, so that later on, as events develop, they may have an opportunity for interfering. They have already come forward with an offer of assistance in the way of troops. Sound opinion is unanimous that the riot which has just taken place in the French Concession at Shanghae over the Ningpo goss-house has been deliberately started by the French, as it was a foregone conclusion that any interference there was bound to lead to trouble, and that this action of the French was premeditated seems fairly proved, when one remembers that similar interference in the past had caused serious' trouble. It is strange that we should now get wires from the north reporting that there are troubles of risings on the northern Chinese frontiers, and the opinion here is that at all these places-Kwangsi, Shanghae, and the north-France and Russia are working hand in hand. The very man in the street" now talks of Hankow as an object of Russian absorption in the near future, and cannot understand how blind Great Britain is to the bear's rapid and far-reaching advance. In October last year I wrote to Napier re the massing, or rather storing, of huge quantities of supplies at Vladivostock, and pointed out that everything indicated an early move on Russia's part. His letter of reply stated that you did not think so, as the supplies were required for the employés on the railway. Before this letter reached me Russia had actually got on the move, The Colony is much excited over the extension of its boundaries, and, needless to remark, is vigorously protesting against effete and powerless China being allowed to retain any voice or authority over the ceded territory. Might I make a suggestion as regarding the policing of the new territory, and that is, that on Imperial grounds the Colonial authorities be urged to form a police battalion on semi-military lines, as I feel certain that this would be a step in the right direction, and might form a nucleus for the eventual formation of a regular Britishi-Chinese force, which would be available for future contingencies. There is a fairly general opinion that some portion of the Chinese, well drilled, officered, and led, would make excellent fighting material. Yours sincerely, (Signed) S. S. LONG. (1562 (~2] DOMESTIC. Inclosure 2 in No. 1. Commander Smith-Dorrien to the Commodore at Hong Kong. Wuchow, July 14, 1898. I HAVE the honour to report that I arrived here on the 13th July, and beg to forward the following facts which I have gathered from Her Majesty's Consul at this port (Mr. Hosie) as to the rebellion which has taken place in the Kwangsi Province :- 1. On the 28th June the city of Yung Hsien, situated 70 miles south-west of ` Wuchow, fell into the hands of rebels, and was sacked. Next day the large market town of Tung Hsu and district city of Peilin was taken and departmental city of Yulin. These cities are situated in the richest agricultural area of Kwangsi. The origin of the outbreak is attributed to scarcity caused by the export of rice, for which these districts are famous. The rapidity with which city after city has fallen gives rise to the belief that it is more than a local riot. The number of the rebels are here estimated as from 10,000 to 20,000, though this number is probably exaggerated. It is anticipated that they will march westward to Nanning, or else northward in direction of Kuilin. 2. The following Chinese troops have been sent to the front:-- 2,000 from Koachow, 1,000 from Canton, and 200 from Kuilin. 3. Wuchow is protected by 200 Chinese soldiers, mostly unarmed. Hundreds of volunteers have been enrolled, and these men, armed with lamps, horns, whistles, and a few old rifles, assemble every evening and patrol the streets. Such a sight is almost increditable. The city wall is being repaired. On the 7th July some headless bodies were seen floating down the river, six of them being picked up here and buried. Much panic has existed in Wuchow, and hundreds of Chinese have left for Canton. There is a small guard of soldiers on top of a hill on the look-out for the rebels advancing, though the chief fear of the authorities here is a rising amongst the rowdies of the town, which might take place in case of rebel successes. 4. I am given to understand that the arrival of Her Majesty's ship "Tweed" has greatly calmed the minds of the people. propose remaining here for the present till authentic news comes from the aren of disturbance. I have, &c. (Signed) A. II. SMITH-DORRIEN. P.S.-The following news has just been received :--- Hsing Yeh was captured by the rebels on the 9th July. Seige of Yulin has been raised. Kiu, on the left bank of the West River, is threatened. 1,000 troops have moved forward to defend Kin. 1,000 troops have occupied districts of Yung Hsien and Ting Hsu. District city of Peilin has been retaken. Rebellion has been instigated by Secret Society called the Triads. It is reported that Pinglo and Yungan are disaffected, and that they are preparing to join the rebels. One headless corpse floated past the ship this afternoon, 6 P.M., 14th July. A. IL, S.-D. Individual. đang trong Beat 15 SEP JB Execution السلام تک rious Paper. (Subject.) of J. Osorio Portequese Entreet. Sends desp from destone reportery general opinis. Mr Lucas The Lisbow press (Minutes.) have accepted excention with good grace. to be said 2. 6. M. accepted Ozons's "There is no more -10-12-07 ment Paper 1: C. Thornto -reference to my Res 13 SEP 3 Foreign Office, Sept. 12. 1898. I any latter of July an directed by the Secretary of State for Foreign Affairs to transmit to you, to be laid before the Secretary of State for Th Colonies -accompanying copy of a Despatch from the Majesty's "Chargé d'Affaire, at distor relating to the execution of the Portuguese subject, José Esoris at Hongkong. The Under-Secretary of State, Colonial Office. Your most obedient, humble Servant, Marter Gopelin My Lord:- (Prc 13 SEP 3 August 2utn.1698. Verious allusions have appeared in the L1S- bon press during the rest day or +.6 case of a Fortuguese subject, Jusé Osorio, who was recently tried for wilful murder in Hongkong, found guilty and executed; the fact being mentioned that intercession in the highest quarters was made by Trein Majesties, the King and Queen of Fortugal, to obtain a commuta- tion of the sentence of desta pronounced upon the man in question, The comment generally made upon this inc1- dent is to the effect that there is no room for Sup- prise in the failure of the intercession exerted; that the case was in no respect one of extradition, and thet consequently the circumstance of ca ital puniament being excluded by Portuguese law nad no The Marquess of Salisbur, bearing upon it; the law of England exacts that penalty for the crime of wilful murder; and there is consequently no more to be said. I neve, &c,, (Signed) C. Conway Thornton. fice or Individual. oreign 1898 Hong kong (Subject.) ut previous Paper. Plaque bom "Ift" "Petersburg #Rory free from Plagere Pornton. Mr. Escolt (Minutes.) DOMESTIC. 354 C.O. REG 24 SEP 03 Rasdeclared Copy to Colony in II. Σbst 26.9.98 The 644. B & L (78)~~892–10009-12-17 SMG-0000-5-69 fort aubsequent Paper. Registry Foreign Office, Reet 24 SEP 38 September 23, 1898. I am directed by the Secretary of State for Foreign Affairs to transmit to you, to be laid before the Secretary of State for the Colonies, the accompanying copy of i C. Scolt M. 29, Couil marqui, reporting that declared Stureg Rerup Plaque commis suu Petersburg fee from plaque. The Under-Secretary of State, Colonial Office. Your most obedient, humble Servant, F. H. Gelcies. foramercial. ST. PETERSBURG, REC (REG: 24 SEP 98 September 17th. 1898. My Lord:- With roference to Biz N.R.O'Donor's bela- gram No. 2 of the 2nd. April last, I have the non- our to report that a notice appeared in the "Offi- Qial Messenges' of yesterday's date, stating that the Imperial Plogue Commission have doclerod :long- kong free from that opidonic, (Signed) I have, &c., Charles 3. Sootf, The Marquess of Salisbury, K.G., ཉ པ འི ཡི ས ད བ ན བ བ ན གནས ན ད ས ས ས ས ED FOR USE, 1966 COLCHIAL ice or Individual. Hongkong DOMESTIC. No. 217 14 (per 27 SEP 03 ! (Subject.) neign" 1898 Graft Order in bouncil for as previous Paper. in corporation of territory. Thunches stipulation contained in bonvention to pureedeation, in Lowlson bety must appear. (Minutes.) 11 Oct 32571 175)-399-12903-12-07 5103-20090-5-09 rt subsequent Paper. I suppose that is wise be urces faque the porch further, a that er wish the 70. Decision. There are in criculation, which Mr Lucas And felbome the previous papers Iiile teve on they retum I was shown the minutes on this question when I went to the FO a opers had just come feed dys ago. back from Lord Palisbury that we cannot peen this point further Isuffice recessary may now proced addition to the in Council. I have not Draft onder in Council. the mevions papers. They shored annexed to there. ? Dast additional Clause acordance with requestoɣto. A B C 27 Sept considuation M-Cex Please draft for Mi Wingfield & Ford Selbane Can see it in draft 28 atonce I have added a clause to the draft using the Fo if wows of the Convention. We showed ask the Fo that satisfies them. Domaattank. The draft to 2.0.st be settled when they affore unter you consider that we should send it to the FO when we submit the amended drafte Draft to the Foreign Office Saying that it it no loved badd the new it to the Order in Council 29 ato Claces-quoting it to the Order in Lash. Using concer- ask for as early a reply as possible. FOREIGN OFFICE, lens 27 SEP 38 September 26th 1898. COLONIAL The Marquess of Salisbury has had under his con- sideration your letter of the 26th ultimo, No.18729/98 relative to the Draft Order in Council for the incor- poration in the Colony of Hongkong of the territory leased from the Chinese Government under the Conven- tion of the 9th of June last. I am directed by His Lordship to state, for the information of Mr. Secretary Chamberlain, that in view of the express stipulation contained in the Conven- tion, that within the City of Kowloon the Chinese "officials now stationed there shall continue to ex- "ercise jurisdiction except so far as may be inconsis- "tent with the military requirements for the defence "of Hongkong", the omission of all allusion to this stipulation in the Order in Council, in the manner suggested in your letter, could not, in his opinion, The Under Secretary of State, Colonial Office. 173 OSA ATSS be regarded as a proper performance of the Treaty obligations of this country; and His Lordship must therefore adhere to the opinion expressed in Mr. Ber- July that tie's letter of the 4th July that some reference to the reservation in question should be made in the As regards the further suggestion that it might be sufficient to pass a Colonial Ordinance maintain- ing Chinese Courts for the trial of Chinese subjects according to the law of China, but on the understand- ing that no torture should be inflicted, and that sentences of imprisonment should be carried out in the Colonial prisons, Lord Salisbury considers that it would be much better not to assume any responsi- bility with regard to Chinese judicial methods in Kowloon City. In the event of their ever being of such a barbarous character as to constitute a scandal, the matter might be dealt with when the occasion arises. If the Hongkong Authorities now proceed in an attempt to regulate Chinese justice by Colonial Colonial Ordinance, they must make themselves to some extent at least responsible for it, which could hardly fail to prove a source of grave embarrassment. For these reasons, Lord Salisbury, while giving due weight to the considerations advanced in your lot- ter under reply, is of opinion that it would be better to insert in the Order in Council some quotation from the Convention, or mention of the reservation in regard to Kowloon City, so as to make clear the intention of Her Majesty's Government to fulfil their Treaty obli- gations in this respect. Your most obedient, humble Servant, Thibenderson "The funda V. ostati Fri 4. Hamill 30 sep Mr. Cox. 30 Mr. Lucas. 3 Mr. Grfham. Mr. Wingfield. Earl of Selborne. Mr. Chamberlain, 16ch 1898 COLONIAL Jam directed for the Sigstate p of the Colomer frack the recargin of comm the 20 th lette of the in referense Draft of in c... fo ancapnation in Chu (dong of How Many of the levitary recenty Leave from مجرم نفسك 2 1812.8/95 W 1355t is 2. De view of the pinion of the Waringtabbing embodie in Othe the Sigstate has caused additional clause to be drafted to the follning effect; n Wanita tanding IV. Warthunting contarve the Chinese officials how stationer within the city of Kowloon shell contine to exercise juridiction therein creept in to be wensistent far as way be with the militery requirements fo defence of thongkong, This clause ish in i proposed to add the order in Council; and I am to request ова противое possible the proposed addition weete his Lordships approval. INTED FOR US fice or Individumė. Houg Rory No. 21715 (Subject.) Administration of est previous Paper. Observations DOMESTIC. 21715 Be2 tre" 27 SEP 38 tervictory proposals ofbauton for future (Minutes.) & seawhile pnut - 2 * L (787-399--20000-12-97 5490-1000-5-96 ext subsequent Paper. awain hy sebbeti returu Yes, but as to the last had better not paragraph good offices until our riches are If the Pettin legation "perfectly well defined Print CPL. 3 oct atonce FOREIGN OFFICE, ner 27 CEP 33 September 26th 1898. COLONIAL I am directed by the Marquess of Salisbury to acknowledge the receipt of your letter of the 26th ultimo, (No.18928/983), transmitting a copy of certain Regulations drawn up by the Viceroy of Canton, and sub mitted by him to the Acting Governor of Hongkong in connection with the Administration of the territory newly leased from China. Lord Salisbury agrees with Mr. Chamberlain that it would be well to wait and ascertain the views of Mr. Lockhart on the subject before coming to any de- cision in the matter. In the meantime, and pending the arrival of Mr.` Lockhart, His Lordship desires to offer the following observations for Mr. Chamberlain's consideration. The Regulations in question are in great part a recapitulation The Under Secretary of State, Colonial Office. 10 12 slag Woh recapitulation of the provisions of the Convention of June 9th, and as such are quite superfluous. But they appear also to be an attempt on the part the Viceroy to supplement the terms of the Con- vention by assuming to treat the leased territory as if it were a "settlement" at a Chinese Treaty port, to deal with questions of piracy, to provide for the payment of land tax to the Chinese Authorities, and to stipulate for the fixing of rents. Lord Salisbury considers that none of these pre- tensions are admissible, and that no Chinese Regula- tions are required in the new extension. All that Her Majesty's Minister at Peking was authorized, after communication with your Department, and previous to the inclusion of Mirs Bay in the lease, to promise the energetic enforcement by the Colonial Authorities of existing arrangements for the prevention of smug- Lord Salisbury is of opinion that this is a mat- ter for arrangement between the Chinese Imperial Mari- time Customs Service and the Government of Hongkong, and that the good offices of Her Majesty's Legation at Peking might be employed with a view to arriving at a speedy and satisfactory Agreement. it is necessary for the Viceroy to do is to appoint officials to make the necessary surveys for fixing the exact boundaries in conjunction with British Officials deputed for the same purpose in conformity with the terms of the Convention. A further matter, viz: the protection of the Chinese Custome Revenue, is also dealt with. There is no stipulation on the subject in the Convention, but Your most obedient, humble Servant, MASanderson ffice or Individual. 38. Left Hongkong N 21837 (Subject.) RUS lero 20 SEP 08 DOMESTIC. Verification of signature ast previous Paper. Lower death certificate form (ence read) you @ # & L (787–299---3 0006-12-27 6186--1000-3-18 ezi subsequent Paper. Mr. Wilson siw. Hamelton (Minutes.) I suppose legalized" "verfeed" and that we had. send it nt to the for the puson I adrian. Colony incriginal 152919 if this is the proper You can probably say if thes comise tondoset. If so please Sir W. Hamilton Michig Su W Hamilton. I have never seen Similar application but I should think the course proposed. the proper the segnature in this country. to adopt unle But Swoon can be verified let 80 - because of the delay зда Co Lists that Mr John Gerrard, the Acting Registrar, who was Justice of the Pence HK was 1 Cleat in the Registrars Office. He entered the service of the in 1860 and disappear from the Co List of 1886. He de dead on or perhaps some might be able to verify the sig. here on pension HK official pere If her cotten Fur Crodentoure Jecause Dept. Woohoodstone think in wine bar ave to wait the square, & is going attack the couch forme here. Ple Several depi b. Comedong has mewire-fle - 20 CEP J8 The Under-Secretary of State for Foreign Affairs presents his compliments to the Under-Secactory State for the, Colonies and, by direction of the Secretary of State, transmits the accompanying certificate of been received from the Death Swiss Charge which has Chargé d'Affaires at this Court, with the request that the Signature attached thereto may be duly legalized. Foreign Office, September 28th 1898. The Under Secretary of State Foreign Office Mr. Fiddian 5/10 : Svi W. Hamilton. Mr. Cox. Mr. Lucas. Mr. Graham. Mr. Wingfield. Earl of Selborne. Mr. Chamberlain. for causon. Origenial enclosure Hong Kung Indered. Certificate of verification 70ct. 98 I am directed by the Secretary of state fr the Colomes to acknowledge. the receipt of you 28 th ultinis, forwarding a certificate of death for legalization of signature, and to a that Marquess of Salistuing the original certificate, together with the ccompanying artificate I verification of Mr. Garrard's signature, for transmission to the Suiss Icharged's Affaires at this Court. Jam to explain that th. Wodehouse, C.M.G., لا باسم السر اسد or Individual. revious Paper. Companies Hongkong DOMESTIC. Pes 7 our 361 (Subject.) British Companies registered in H. Rong promoted by Chinese subjects question at Canton of amount of protection to be afforded to police magistrate of in 1880, and held that from whats host to until his elnement from the Government service dureri & present year; am, etc. Mr Wilson. (Minutes.) question whether For. Conf. (7,-250-10000-13-27 subsequent Paper. Company by registering itself in Hongkong the protection of the British Flay in has given Chinna. Lord Salisbury that before such protectio instinations caw be afforded H. M's Consul at the port in quation (in this case (auton) should satisfy hammself that a the Shareholders Board of Directors are as well as majority of the managing British subjects & that the greater part of the Capital employed in the business is also british So proceed, a gif substance of Lord latestnery fecision in a comp : Ach & coky 6016 for infon beller Su fons ces or perherkes dash, with out forwarding cartoonet, Embory to oog Substance FO letter in a despatch inform Fo we have done so. See further 7.0 23533 is C. MacDonald No144,157 Law Officers December 13, 1895 FOREIGN OFFICE, Past 7 001 October 5, 1898. I am directed by the Marquess of Salisbury to transmit to you, to be laid before Mr. Secretary Chamberlain, copies of two despatches from Her Majes- ty's Minister at Peking, relative to a question which has been raised by Her Majesty's Consul at Canton respecting the protection of British Companies regis- tered in Hongkong though promoted by Chinese subjects. Lord Salisbury entirely concurs in the view ex- pressed by Sir Claude MacDonald in his despatch of August 3rd, that the possibility of every firm in Can- ton being made nominally British with an obligation on the Consuls part to extend protection to it, is one which cannot be contemplated without serious misgiving and would inevitably give rise to serious abuses. It appears to His Lordship that it is out of the The Under Secretary of State, Colonial Office. question question that a Company promoted by Chinese Subjects, and carrying on business in China with Chinese capi- tal, should be granted British protection by reason of the mere fact of its having been registered in a British Colony. In 1895, the present Law Officers of the Crown, in a report of which a copy is enclosed, advised that the principle ought not to be recognised that foreigners by registering themselves in this coun- try as a Limited Company are entitled to claim from Her Majesty's Goverment the protection afforded to British Subjects in foreign countries. They were further of opinion that in each case the nature of the business which is being in fact carried on by the Company must be looked at, and that no hard and fast line could be laid down as to the amount of interest which would entitle a Company to British protection. Lord Salisbury has accordingly authorised Sir C. MacDonald MacDonald to instruct Mr. Consul Mansfield that before according protection to any Company registered in Hongkong, he should satisfy himself that a majority of the shareholders as well as of the Managing Board of Directors are British Subjects, and that the great- er part of the Capital employed in the business is also British. Your most obedient, humble Servant, Martin Gopelice My Lord:- & 7 wuf 8 13th July 1898. I have the honour to enclose copies of despatches received from Her Majesty's Consul at Can- ton and the Crown Advocate, with reference to the sta- tus of British Companies registered in Hongkong, though promoted by Chinese Subjects. I have instructed Mr. Mansfield that his action in regard to such companies should be guided by the principles laid down in the Crown Advocate's opinion, but that he should at the same time keep me informed of particular cases in which a strict adher- ence to the law appears to be prejudicial to British interests. I have, &c., (Signed) Claude M. MacDonald. The Marquess of Salisbury, K.G., Webring 194 Low, Com Kere &312 beck 7 UCT HER BRITANNIC MAJESTY'S CONSULATE,- CANTO N. 10th June, 1898. I have the honour to ask your instructions on the following case:- I have received from a Lawyer in Hongkong a Certi- ficate, dated June 1st, of Incorporation of the Canton Wharf and Godown Company in Hongkong under the Compan- ies Ordinances 1865-1890. I have also received a copy of the Articles of Association of the said Company. It appears that the applicants for the registration of the Company are John Andrew a man earning a pre- carious living with Chinese as e commission agent, J.P. Cottam who has a small foreign outfitter's store in Hongkong, Win. Farmer, one of the proprietors of the New Victoria Hotel, Sit Ming Cook, a Chinese merchant, in Canton, Sin Tak Fan, described as a clerk in Queens Road Hongkong, Sit Wong and Chan Tak described as ir C.M. MacDonald, K.C.B.,K.C.M.C. Her Majesty's Minister, merchants merchants at Hongkong Sit Ming Cook, an English speaking Chinese here, is the General Manager. The Capital is $10,000. Sit Ming Cook who has been to see me states that though there is necessarily under the Ordinance an Office in Hongkong, the business is entirely here and that the Company takes over the goodwill from him. This same man who is not a British Subject, szerted in the same way last year a Company known as the Wen Ku Steel gunch Company Limited, of which he is also General Manager, to run launches on the West River under the British Flag, and obtained some help early this year from the Consulate. He now tells me that another Land Company on the same lines is in course of formation, and apparently expects that all these Companies being registered in Hongkong will enjoy British protection. It appears to me that if this is granted in these three cases, it will not be very long before most large Chinese businesses in Canton will be formed into Companies and registered in the Colony under the Ordinance, with a few of such foreign names as are obtainable at a small price. It is easy to foresee that under such conditions the work of this Office would attain proportions beyond all reason, indeed the same might be said of most of the open ports of China. I would therefore ask your instructions, As to whether the mere fact of registration of a Company in Hongkong and the opening of an Office there, entitles it to recognition as a British Company in China. (11) If the mere fact of Registration is insuf- ficient, what are the necessary qualifications for its recognition as above ? (111) What proof as to such qualifications would British Consuls be justified in demanding before giving Consular assistance. Those questions appear to me of extreme urgency and I am therefore taking the liberty of enclosing copy of this despatch to the Crown Advocate at Shanghai and asking him to furnish you with his views on the legal aspect of the case. I have, &c., (Signed) R. D. Mansfield. SHANGHAI. laze 7 OUT 36 17th. June, I hove the honour to inform you that Mr. Mans- field, Her Majesty's Consul at Canton nas written to me a despatch covering a copy of his despaton to yourself of June 10th. in regard to the status of Britisa Companies registered in Hongkong but promoted by Chinese subjects with the object of taking over their business and conducting the same under Britisn protection. Mr.Mansfield wishes me to state my opinion as to the attitude to be taken by Her Majesty's Consuls in relation to suen Companies when carrying on busi- ness in China. I have the honour to advise as follows:- Py Section Vi of the Hongkong Companies Ordinance No.1 of 1865, founded on the Companies Act 1802, 25 and 26 Vic. Cap.89, it is enacted fast. Sir .M. MacDonald, K.0.B., K.C.M.G., Her Majesty's Minister, "Any seven or more persons associated for any "lawful purpose except that of carrying on the busi- "ness of banking may, by subscribing their names to "a Memorandum of Association and otherwise com- "plying with the requisitions of this Ordinance in "respect of Registration, form an Incorporated Non- "rany, wita or without limited liability The section quoted follows the provisions of the Imperial Act, save as to Banking Corporations, it being desired, apparently not to interfere with the constitution of nativo banking nongs. "Persons" undoubtedly includes en olien not being an alien enemy. The requisitions of the Com- panies Ordinances having been fulfilled a Certifi- cate of Incorporation is granted by the Registrar of Joint Stock Companies. This Certificate as provided by Section XVIII of the 1865 Ordinance is conelusive evidence that tne requisitions necessary for registration have been complied with, It may be noted that registration carries wita it a power to hold land and therefore a Company so registered may apply to become the holder of land on any Consuler Register. That any seven or more persons should be able to form themselves into an Incorporated Company is considered by many writers on such matters in Eng- land to be a dangerous power and one calling for strict regulations. The Hongkong Ordinances nowever having followed the Imperial Acts in this matter, Her Majesty's Con- suls cannot do otherwise than protect Britisa Com- penies as such, whatever may be the nationality of the individual Directors, Managers or Snarenolders. Protection is primarily to be accorded to the business carried on and to the property of the Company. If personal protection is a necessary part of complied ا روز اسیدها suan protection of the Company's business it should, so fer as may be necessary, be afforded to those employed therein and in the course of such em- ployment but not further. I can quite appreciate Mr.Mansfield's diffi- culties in the matter, but I think there is no but that the law being as it is the first question put by Mr. Mansfield in nis despeton to your- self must be answered in the offirmative. It is to be remembered that a British Company being amenable to English Lew those dealing wita such a Company in Canton or elsewhere in China nave this advantage that the whole property of the Com- pany is attacnable in case of need, by Her Majesty's The property and business of a British Company is, in my opinion, entitled to Pritish protection and in tse conduct of such business the persons of those carrying it on, the Company and all its assets are under the jurisdiction of English law, end the Companies Ordinances of Hongkong if the Company is there registered. The personal protection to be given in case of need is such as would be given to the Chinese ser- vants of a British subject whilst employed on their master's business. (Signed) H.P.Wilkinson. Crown Advocate. My Lord:- inze Fa 7 ccr 99 PEK IN G. August 3rd, 1898. With reference to my despatch No.144 of July 13th, I have the honour to forward copy of a fur- ther despatch which I have received from Mr. Mans- field, Her Majesty's Acting Consul at Canton, respect- ing the protection of British Companies registered in Hongkong, though promoted by Chinese subjects. Mr. Mansfield in his despatch comments on the remarks of the Crown Advocate, which formed an enclosure in my despatch No.144. With regard to these comments I think Mr. Mansfield is right in thinking that the Crown Advocate has not given sufficient weight to the Chinese side of the question; aleo I think Mr. Mansfield is right in believing that the multiplication of nominally British Companies would he Marquess of Salisbury. K.G., give much trouble, though in some ways it might ad- vance trade. But the possibility of every firm in Canton being made nominally British with an obligation on the Con- sul's part to protect the employés "in the conduct of such business" (as laid down by the Crown Advocate) is a possibility which cannot be contemplated without very considerable misgiving and alarm. In all questions of affording protection, the Consul has a wide discretion to assist him in the exercise of this protection. I have the honour to request that I may be empowered to instruct him to de- mand from a Company proof either that the majority of their shareholders, or a majority of the capital, or both, was British; the certificate of the Colonial Authorities to be the proof. This would not quite meet the difficulty, because the Chinese can easily get British subjects put on the register, supplying them with the necessary funds; but this, I am afraid, cannot well be helped. Where either or both of these conditions cannot be fulfilled by the Company, I have the honour to re- quest permission to instruct Her Majesty's Consul to refuse assistance to it in China. (Signed) Claude M. MacDonald. Vehing 157 ( 7 OCT 98 HER MAJESTY'S CONSULATE, June 28th, 1898. Referring to my despatch No.23 of June 10th, I have the honour to state that I have now received from the crown Advocate, to whom I sent a copy of the above despatch, a copy of the opinion he has addressed to you on the question of Consular Protection to compantes registered in Hongkong. His opinion is that Consuls cannot refuse protection to any company, no matter what its constitution, so long as it has complied with the Hongkong Companies Act and has re- gistered itself there. If the Crown Advocate is correct in his opinion, I can only say that the new departure, described in my despatch of June 10th, though now in its infancy, ir Claude Macronald, K.C.B., K.C.M.G. &c., &c., must eventually lead to abuses of the most serious character. The Crown Advocate states that "regis- tration carries with it a power to hold land, and therefore a company so registered may apply to be- come a holder of land on any Consular Register" Arguing from this, I presume that it may also own ships flying the British flag. As the law appeare to stand, 7 Chinese may proceed to Hongkong and register their business in China as a British Company under the Ordinance, then return to their port in China, anddemand the intervention of the British Consul in all their dis- putes with their count rymen. The British flag is also liable to be used to cover all sorts of ne- farious practices by Chinese. Hitherto it has been a common practice for Chinese to hire a low-class British subject, put him forward to claim British protection as the owner of their business. Even this will be no longer necessary, as all they require can be ob- obtained by the procedure described above. It seems to me however that the Crown Advocate in giving his opinion has lost sight of the inherent right of the Chinese Government to jurisdiction over their own people and territory, which right cannot be affected by any Hongkong Ordinance, or even by a Brit- ish Imperial Act. The privileges given by the Treat- ies of which privileges the Liplomatic and Consular Officials are the guardians, are granted to British subjects and not to natives who may have gone through certain formalities in Hongkong. I am fully aware that the difficulty of drawing a distinction between what are bona-fide British Com- panies and what are not, is extreme; but that such a distinction must be made I feel convinced. As quest tons are likely to arise very shortly with the new companies I have the honour to ask that you will give me instructions as soon as possible for my guidance. (Signed) R. W. Mansfield. (This Document is the Property of Her Britannic Majesty's Goverum. Reeg 7 OCT 98 382 COLOMBIA. Gentlemen, Foreign Office to the Law Officers of the Crown. Colombia Foreign Office, December 6, 1895. I HAVE the honour to transmit to you, by direction of the Marquess of Status in Salisbury, the accompanying letter from Messrs. Harries, Wilkinson, and Raikes trading st (Paper A), respecting the status in Colombia of the Trading Corporation of Enrique of Enriqu Cortes and Co. This Corporation is stated to be an English Limited Company registered under the Companies Acts in 1883. It has registered offices in London, where it carries on business, and has correspondents in Colombia and other South American States. The principal members of the Company are stated to be Colombian citizens, and the shares are mainly, if not entirely, held by persons who are not British subjects. Messrs. Harries, Wilkinson, and Raikes desire to be informed whether, in these circumstances, if civil war should break out, or there should be other disturbance of public order, British protection would be extended to Messrs. Enrique Cortes and Co., and to their property abroad, if it should be seized or destroyed. It will be seen from the accompanying Memorandum and Minutes thereon (Taper B), that in 1872 the Law Officers of the Crown were of opinion that firms established in Turkey were entitled to British protection if the members of the firm were British subjects, but not otherwise (see Report of the 15th October, 1872 (Paper C)), and that the status of foreign Companies incorporated under English law was considered by the Law Officers in 1891 in connection with the operation of the most-favoured-nation Article in the Treaty between Great Britain and the Argentine Republic (see Report of the 16th March, 1891 (Paper D)). These Reports, however, do not exactly meet the point raised by Messrs. Harries, Wilkinson, and Raikes; and I am accordingly to request that you will take the matter into your consideration, and that you will favour Lord Salisbury with your opinion whether Her Majesty's Government may properly protect Messrs. Enrique Cortes and Co., either individually, or as a firm or Company, in the circumstances mentioned in Messrs. Harries, Wilkinson, and Raikes' letter. I am also to request that you will be so good as to advise his Lordship as to the reply which should be returned to Messrs. Harries, Wilkinson, and Raikes, and that you will favour him with any general observations which you may wish to offer, after consideration of the inclosed papers. I have, &c. (Signed) GEORGE N. CURZON. Cortes and List of Papers. (A.) Messrs. Harries, Wilkinson, and Raikes November 21, 1895 (B.) Memorandum by Mr. Oakes, and Minutes (0.) Law Officers' opinion 15, 1872 (D.) Ditto (E.) Memorandum by Sir J. Pauncefote (referred to in B). 16, 1891 20, 1883 [167-47] COLOMBIA. In our opinion the principle ought not to be recognized that foreigners, by registering themselves here as a Limited Company, are entitled to claim from Her Majesty's Government the protection afforded to British subjects in foreign countries. We think that, in each case, the substance of the matter must be looked at, and the nature of the business which is being in fact carried on by the Company. No hard and fast line can, in our judgment, be laid down as to the amount of British interest which would entitle a Company to British protection. We advise that Messrs. Harries, Wilkinson, and Raikes should be informed that Her Majesty's Government cannot undertake in any way to protect the commercial operations or property of their clients, and that the proposed purchases must be made, if at all, entirely on their own responsibility. Royal Courts of Justice, December 13, 1895. (Signed) RICHARD E. WEBSTER. ROBERT B. FINLAY. Hongkong 7.0 22443 1. Macuaghten 10/10 Mr Wilson 3r. Sin W. Hamilton 2.1 Mr. Cox. 21 Mr. Lucas. Mr. Graham. Mr. Wingfield. 24 Earl of Selborne. Mr. Chamberlain. altired fr Hong Kong ser Manuctes on 22647 тв 26 October 98 I have the honour ach; the receipt of your infore you that gifs Despatch Confidential Despatch for Forege Affine has recently of the 5th alte communi caken with HM's Minister taking relative to the question whether Companies promoted by Chinese subjecti by registering themselves as British Caufanies in Hongkong claim the partiction H. Mis (onsul at Canton ot at other Chihase l'owns when trading in the city. 2 In reply I have to inform you you that H. Mis # of 5 for Foreign Affairs Splishing is of opinion has recently been in communi- catóm with Si C. Mae Ponald on this subject this question that a out of than Lordship Company provested by Chinese subjects o carrying business in China with Chinese Capital should be : autec British protection by it's having been registered in British Colony, since in that · case it would be possible for every firen in Caulon to become nominally British obligatio Consul part to extend protection to it. Jun 1895 the p2.0. the frown advised that the prncifulen to be recognind that Foreigners by registering themselves in This Country Limited Company entitled to claim from H. His the protection afforded to British subjects in foreign Counties. further of opinion that in the nature of the busines which is bring in fact carried on by the Company Company must be looked hard & fast line could be laid down as to the amount Buhih interest which would entitle Company to British protection. 4 Lord S. hat accordingly authound Sir C. MacDonald to instruct H. Mis Consul at Canton that before according protection to any (ompany registered in Hongkong, he should satisfy keinselly majority of the shareholders as well art of the managing yourd of Directors are British Subjects, & that in the business is also british greater part of the Capital employed 5 I have to forit tut to you with ref. to the 4th pare of you Jesfall wonder acht that I do not considers that the alove instructions, which only intended to prohibic the indireficentiate protection of Chinese subjects, will necessitate any amendment Registration Law in Houghen, xong trong (Subject.) DOMESTIC. [Rear 7 001 39 ce or Individual. Consular Prisover. previous Paper. For auf 270 wa lance Act. th. Justice at Shanghai reports having made order q deportation to Mr Wilsow (Minutes.) "I for infor I inform 7.0 we Copy to O.AG have done this 473 1.0.h 8/10 ? Soproved HFW HBC Afonce I. £75)-839--20000-12 67 $194)-2(KM)-3-428 subsequent Paper. IREC [Be? 7 OCT 98 Foreign Office, October 6, 189 8. I am directed by the Secretary of State for Foreign Affairs to transmit to you. to be laid before Mr See re ta berlains, the accompanying copy of a Despatche from the acting chief Justice Shanghai stating that he an order for the deportation & William Arthurs Cance Hongkong of Convicted of having obtained good under false pretences The Under Secretary of State Colonial office. Your most obedient, humble Servant, Marture Gogne line My Lord:- res 7 OCT 98 HER BRITANNIC MAJESTY'S SUFREME COURT, SHANGHAI, 25th August, I have the honour to inform you, in accord- ance with the provision of the China and Japan Order in Council 1855, section 111, that. I have this day made an order of deportation to Hong Kong against one William Arthur Cance. The grounds of this order are that Cance having been convicted before this Court on the 27th day of May, 1898 of obtaining goods under false pretences previous conviction having been recorded against him for a similar offence) and having been ordered to find sureties for his future good be- haviour has failed to find such sureties. (Signed) F.S.A. Bourne, Acting Chief Justice. The Marquess of Salisbury, ce or Individual. egr 1898 et previous Paper. đang trong (Subject.) revoked. Regno in Egypt naked. DOMESTIC. REC Lower 8 00198 کردیم تسمع اسمه عمر ما end. to For. 268. 1981-592-1240m-12-57) 040---30204-5-08 Sort subsequent Paper. Siw.trunt om (Minutes.) 60. A 2.7 At once, refering 14.10.98 (RECE 8 OCT $8 1. from hot Alban. Alexandria £ 5-1003 october. 7. 1998. lague egulations in Egypt against arrivals from my Kary. COLONIAL ce or Individual, HongKong (Subject.) New territory Draft Pint DOMESTIC. 22571 RECE Rea! 10 OCT 98 22511 Plet Bret 8 OCT With the Compliments of the Under-Secretary of alexan State for Foreign Affairs Foreign Office, October 7.1898. 23326 17 Oct 383-9-16000-12-07 | 5100-10000-3-08 ubsequent Paper. Concurs interns previous Paper. addition ab (Minutes.) I think in must send the to L. 0. for opperval, irmediate. FOREIGN OFFICE, ED FOR USE, REC? (Rre 10 OCT 98! I am directed by the Marquess of Salisbury to acknowledge the receipt of your letter of the 1st instant, land to state to you for the information of the Secretary of State for the Colonies that His Lord- ship concurs in the terms of the additional clause which it is proposed to embody in the draft Order in Council for the incorporation in the Colony of Hong- kong of the territory recently leased from the Chinese Government. Your most obedient humble Servant, SASanderson The Under Secretary of State Colonial Office. 22571/9893 Lew offers Cox to at E Mr. Lucas. Mr. Graham. Sir J. Bramston. Mr. Wingfield. 10 Earl of Selborne. Mr. Chamberlain. Copy draft proclamation Aned 2 3 3 2 6 11 October 98 Gentlemen I am directed by t Secretary state for the Colonies to transmit to you a copy dragt proclamation which has been prepared for the Copy convention 9 June purpose of annexing cilly order in our and 4deb186; Chy 40 Suviri dan 21 1861 Ate Colony of certain teinitone's leased to Ster magerty the huferor of thine Colony of Hong Kong 2. It will be seen from the Convention of the of th Jun apa copy which is enclosed that the Climit of Butish Juriting in the regions in question adjacent to the Colon of Hong Kong descuber as being enlayed under leave to Her Majesty the the term of ninety meni The draft Rider in Council has been framed on the model of a similar Order dated Felman 4 1861, (acofy gwhich is Kansmitted herewith,) has beenfelgrondh which we approved before Law Offices on Jannay 212" of that year. A لهسعننمجنا ان Ithal dale then report report is adder enclosed 4. It will be seen the order in Council of Telmar 4. the territories then aumeped to the Colovy of Hong Kong though originally mard ampirically ur Hary Parkes fut leaved Contrim Get Which before had subsequently, prior to tte date of the order in Connal The Imperor banceded by China to It m how as a dependency of the Colony of Hong Kong. In the present case the territory perproed to be annexed Im held by for 99 years. 5. It is not purposed in the Sexent Order in Council to define the bounderin of the handy Leased. which, as appea This matter will & the s from the terms The Convention, must be dealt with subsequently. 6. I am to request you to take there profer, inte your consideration and to admire the decaton J. State terms of the 1. Whether the daft Oder in Council sufficient & proper for the humpose pushed. If not, what amendments be mactal therein. further, to ask that as the matter is purening the kueta, & tate my be formed with you report atxa eref date ice or Individual. Compare. trong trong DOMESTIC. Pace RED 21 UUT 38, (Subject.) British Companies registered in Hory Kong st previous Paper. Do T. Conf. 20. Det re § (3)-AS-0000 12 47 3160-16000-5-15 t subsequent Paper. Concurs in peopored reply to for resp protection in China Mr Wilson (Minutes.) As 7.0 concur I submit Draft- herewith for coniów (sce minutes on 226 2.c.m. 21/10 FOREIGN OFFICE, R 21 OCT 961 October 20th 1898. I laid before the Marquess of Salisbury your letter of the 14th instant, enclosing copy of a con- fidential despatch from the Officer Administering the Government of Hongkong on the subject of the protec- tion in China of British Companies registered in the British Colony. Lord Salisbury concurs in the reply which the Secretary of State for the Colonies proposes to return to that despatch. Under Secretary of State, Coloniayoff Your most obedient, humble Servant, Francis Bertie fice or Individuat. st previous Paper. Hongkong No. 2434S (Subject.) Trade of Yunna DOMESTIC. Iege 20 00T 38 Copy deep from Petring enclose report on (Minutes.) ▼ B & £ (78)—852—10006-13-87 5406-06-5-08 jeri subsequent Paper. ? Cimulate and put by. H.S.D 29/10 Can you get a mass from the libra of mack the places refered to in this repeat repat • C.Pd. hu. Lucas Lad Selborne Here with. 14. Na above. To see a Patily C.PL bound with b